HomeMy WebLinkAboutCT 99-03; Villages of La Costa Greens; Tentative Map (CT) (8)RECORDED AT THE REQUEST OF
CHICAGO TITLE COMPANY
SUBDIVISION DEPT.
Recording Requested By:
When Recorded Mail To:
Luce, Forward, Hamilton & Scripps LLP
600 W. Broadway, Suite 2600
San Diego, CA 92101
Attn: Nancy T. Scull, Esq.
21155 fDOC
JUN 02
2004-0512841
2OO4 1 = 59 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SHITH, COUNTY RECORDER
FEES: 351.00
WAY: 2
This Space for Recorder's Use Only
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
LA COSTA GREENS
SECTION 15.4 OF THIS DECLARATION CONTAINS BINDING ARBITRATION
PROVISIONS IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT AND
A WAIVER OF THE CONSTITUTIONAL RIGHT TO A JURY.
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only and shall not be a Community Board member or have any right to vote on matters coming
before the Community Board.
ARTICLE 12
SUPPLEMENTARY DECLARATIONS
In certain situations, the Declarant may record Supplementary Declarations to impose
additional covenants on portions of the Covered Property or to make technical or minor
correction to this Declaration or the other Governing Documents. Declarant may also de-annex
some of the property already covered by this Declaration. That process is also covered in this
Article.
12.1 Covenants Running with the Land. Declarant may transfer all or any portion of
the Covered Property or the Additional Property to a builder under a grant deed wherein
Declarant reserves the right to annex such property and subject it to this Declaration. The
restriction on the Additional Property wherein it may be made subject to this Declaration upon
the recordation of a Supplementary Declaration is hereby declared to be an equitable servitude
upon the Additional Property in favor of the Covered Property and shall run with the land and be
binding on and inure to the benefit of all parties having or acquiring any right, title or interest, in
such Additional Property.
12.2 Supplementary Declarations. Supplementary Declarations may be recorded by
Declarant with respect to a Phase, which may further delineate any Community Association
Property, Common Maintenance Area or Special Benefit Area or Special Benefit Maintenance
Areas within such Phase or contain complementary additions and modifications as provided in
this Section 12.2 or make minor or technical corrections to this Declaration. If the signature or
consent of any Merchant Builder which owns any portion of the Covered Property subject to a
Supplementary Declaration is required, such Merchant Builder shall execute and consent to any
such Supplementary Declaration.
12.3 Mergers or Consolidations. Upon a merger or consolidation of the Community
Association with another association, the Community Association's properties, rights and
obligations may, by operation of law, be transferred to the surviving or consolidated association,
or, alternatively, the properties, right and obligations of another association may, by operation of
law, be added to the properties, rights and obligations of the Community Association as a
surviving corporation pursuant to a merger. The surviving or consolidated association may
administer the covenants, conditions and restrictions established by this Declaration within the
La Costa Greens Community, together with the covenants and restrictions established upon any
other property as one plan.
12.4 De-Annexation. Declarant may delete all or any portion of the Covered Property
from the coverage of this Declaration or any Supplementary Declaration, provided Declarant
and/or a Merchant Builder are the sole Owner(s) of all of the real property to be deleted and,
with respect to the Phase in which such Covered Property is located, no Lot has been conveyed
to a member of the homebuying public, no Community Association Property has been conveyed
to the Community Association and no Community Assessments have commenced; provided,
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however, that the consent of any Merchant Builder which owns any portion of the real property
affected by such deletion and the consent of the City shall be required. Such deletion shall be
effective upon the.recordation of a "Notice of Deletion of Territory," or other instrument signed
by Declarant and consented to by any applicable Merchant Builder. Prior to annexation,
Declarant may also, upon recordation of a Supplementary Declaration, delete any portion of the
Additional Property by so designating such portion of land to be excluded from the Additional
Property in a Supplementary Declaration.
ARTICLE 13
RIGHTS OF LENDERS
The various lenders at the La Costa Greens Community may also require special rights.
This Article contains provisions for the benefit of many of the lenders.
13.1 Payments of Taxes or Premiums by First Mortgagees. First Mortgagees may,
jointly or severally, pay taxes or other charges which are in default and which may or have
become a charge against the Community Association Property, unless the taxes or charges are
separately assessed against the Owners, in which case, the rights of First Mortgagees shall be
governed by the provisions of their Mortgages. First Mortgagees may, jointly or severally, also
pay overdue premiums on casualty insurance policies, or secure a new casualty insurance
coverage on the lapse of a policy for the Community Association Property from the Owner; First
Mortgagees making such payments shall be owed immediate reimbursement from the
Community Association. Entitlement to reimbursement shall be reflected in an agreement in
favor of any First Mortgagee who requests the same to be executed by the Community
Association.
13.2 Priority of Lien of Mortgagee. No breach of the covenants, conditions or
restrictions in the Declaration shall affect, impair, defeat or render invalid the lien or charge of
any First Mortgage made in good faith and for value encumbering any Lot, but all of the
covenants, conditions and restrictions shall be binding upon and effective against any Owner
whose title to a Lot is derived through foreclosure or trustee's sale, or otherwise.
13.3 Curing Defaults. A First Mortgagee who acquires title by judicial foreclosure,
deed in lieu of foreclosure or trustee's sale shall not be obligated to cure any breach of the
provisions of this Declaration which is non-curable or of a type which is not practical or feasible
to cure. The determination of the Community Board made in good faith as to whether a breach
is non-curable or not feasible to cure shall be final and binding on Mortgagees.
13.4 Approval of First Mortgagees. Except as provided by statute in case of
condemnation or substantial loss to the Lots or Community Association Property, unless the
Mortgagees of First Mortgages encumbering sixty-seven percent (67%) or more of the Lots
which are subject to a Mortgage or Owners representing sixty-seven percent (67%) of the Voting
Power of the Community Association (excluding the vote of Declarant) have given their prior
written approval, the Community Association shall not:
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EXHIBIT "A"
Covered Property Subject to this Declaration
LOTS 2 THROUGH 4 INCLUSIVE, 6 AND 7, 16 THROUGH 18 INCLUSIVE, 21, 22, 24, 26,
27, 29, 31, 34, 36, 38, 39, 41, 44, 46, 47, 48 AND 49 OF CITY OF CARLSBAD TRACT NO.
99-03 VILLAGES OF LA COSTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 14543,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY
ON FEBRUARY 12, 2003.
LOTS 1 THROUGH 82 INCLUSIVE, OF CARLSBAD TRACT 02-23, LA COSTA GREENS,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 14803 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27, 2004.
LOTS 1 THROUGH 75 INCLUSIVE, OF CARLSBAD TRACT 02-22, LA COSTA GREENS,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 14804 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27, 2004.
LOTS 1 THROUGH 64 INCLUSIVE, OF CARLSBAD TRACT 02-20, LA COSTA GREENS,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 14805 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27, 2004.
LOTS 1 THROUGH 36 INCLUSIVE, OF CARLSBAD TRACT 02-21, LA COSTA GREENS,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 14806 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27, 2004.
LOTS 1 THROUGH 129 INCLUSIVE, OF CARLSBAD TRACT 02-24, LA COSTA GREENS,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 14807 FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27, 2004.
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